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Grant of Permanent Sound Wall and Landscape Maintenance Easement and Temporary Construction Easement for Sound Wall (Community Road) 2005-0891248 .' . o!c It -'1 ')onr: -( 10(11 ')48 I I ~'lq q .::- _.....,_1 ...... '-' o!..- 0 1111111111111111111111111111111111111 !lllllllllllillllllllllllllllllll RECORDING REQUESTED BY ) OCT 14, 2005 11 48 AM tap ) [IFF1CI./~L F:ECOF:[I':, trrfl1{f CITY OF POWAY ) ';,.::.JJ [IIECiO CCiUr'JT'1 RECOr-:CIEF;":; OFFICE GFlEGOFiY ,\ ~~t':llT H COUrH'I' F\ECOR[IEF: ~eA~ ) FEb O:uO ~fi WHEN RECORDED RETURN TO' ) 1-IC. 1-1.0 P.:.:.GE':.. b - ) CITY CLERK ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111 CITY OF POWAY ) POBOX 789 ) 2005-0891248 POWAY, CA 92074 ) (FbrRecorder's Use Only) Tax Parcel No 314-532-30 GRANT OF PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT AND TEMRORARY CONSTRUCTION EASEMENT FOR SOUND WALL (COMMUNITY ROAD) Michael W, Lauderdale and Jane E. Lauderdale, Husband and Wife, As JointTenaRts hereinafter "GRANTOR") hereby grants to CITY OF POW A Y, (hereinafter "GRANTEE"), its successors; or assigns, the'permanent sound wall and landscape maintenance easement and incidents thereto for construction ofa sound wall and landscaping upon, over and across that c~rtain real property in the City of Poway, County of San Diego, State-of California, described as follows: (See Parcel 'A" and 'B', attached Exhibits A and B) The GRANTOR, hereby further grants to the City of F?oway the privilege and right to extend excavation and embankment slopes within the limits of the herein described easement, where required for the,construction and maintenance of said sound wall. In addition, the GRANTOR hereby further grants to the City'of Poway the privilege and right to landscape and maintain the easement as described in' Parcel 'A' The Citywill install and maintain landscaping as shown on landscape plans for Community Road Improvements. TQe GRANTOR hereby further grants to GRANTE~ all trees, growths (growing or that may hereaflergrow), and existing wall materials within said easement, together with the right to use the same in such manner and at such locations as said GRANTEE may deem proper, needful or necessary, in the construction, reconstruction, or maintenance of said easement. '[he GRANTOR, for him/herself, his/her successors and, assigns, hereby waives any c1aim'for any and all severance damages to GRANTOR;s remaining property contiguous to the easement heret>y conveyed by reason of the location, construction, landscaping or maintenance of said easement. OS-I eB . . 88'95 , ! Tile GRANTOR hereby,flJrthergrClrlts.tb ORANTEE th,erigh,notemporarily enter and construct n~ce~sarY re.lW:e.SlirhproveXf)e,i)ts as part ofthE;l pYQpos.ed construction . process, This Temporaryi,yo.nstruction Easement, Els,describe9in the attached Exh,ibit - n' ,-, " -. . ," f'-' _ .' ':0""'... ,"'. - . - . > 'A'as Parcel 8, ishall be valid only until the construction has been .accepted by the GRANIEE. After such time, the Temporary Construction Easement shall become null and'void INWITNESS WHEREOF, the GRANTOR ha mentthis z,{J day of. $~~i?R.-, 2..CJ.Q4( . - . ~r ichael W Ji~"~fd~ (Signatures must be notarized) .M:\~.ng~e~\~.ip\!=asemen!s\CommiJriity 'Rd ~Sound'Wall Easements\Community Rd SoundWalJ 'easement~Lauderdale.doc .. 889,6 CALIFORNIA,ALI:,PURPOSE,AcKNOWLEDGMENT ,S1ate'<if California } '31 t'.. ss. County of ". C\ \..J ieerl} on~ber.;llo'.~.foreme, srerr,e iDNJtXr~l~ \Jl>TG.r~' . Date -, . e and Title of Officer (e.g.;."Jane e,NolaryPubllc") ',,", _..-~ ,- -"" personally appeared . \ c. "'. Name(s)of Si?oer(s! o personally, known to me ~ proved to me on the basis of satisfactory evidence 1- "" ... "- - ~ - '"' - -- - f . .. . llI4ERIlIl! D: WORRELL' to be the perso~ whose name~ is~ _.'.' Comm..... < iUiOn. # 142}698' SUbS.Cii..b ed. to. .th.e 'within in ~trument. and j' ""*'!YPubfjc -'Callfomla ~. acknowledged to me that hBIai'le/@executed , . .. Ian DIegO COUIlIy. =' the same .in Rislher~' authorized .. .. MrComm:..ExJllreoJ~30.:. capacity(~ and that by Ri<iIhm1@ . :":,,. -''--' -: ..-,.- -, ~ " slgnature(gon;the,mstrument the:persOr@jor the entityupgn'behajj of which the person€)) acted, executed the instrument. Signat,urea! otaryPubllc OPTIONAL Though the information betol;\! is not required by faw,:it may prove. valuable to persons relying on-the'document and could prevent . fraudu'(erit removal and reattachment of this lonn to 'another doiument~ Description otAttached'Document Title or Type of Document Document Date: Number of Pages: 'Signer(s) Other Than Named Above:. Capacity(ies),Claimed by Signer Signer,'s:Name: o Individual Top of Ihum~'here' o CorpofateOfficer- Title(s): o Partner ~ 0 Limited o General o Attorney'in-Fact o Trustee D Guardian or Conservator i::J 6iher:'" ..' .. .Signer is Representing: c 1999 Nalionlil Notary AssoCiation' 9350 Oil Solo AVfJ., P.O: 80K 2402' Chalsworth, CA 91313.2402' www.nallonalnotary.orgProd.No. 5907 Reorder, Call Toll Free 1-600-&76-6827 " . . 8897 EXHIBIT "A" LEGAL DESCRIPTION VESTING. MICHAEL W LAUDERDALE AND JANE E, LAUDERDALE, HUSBAND AND WIFE, AS JOINT TENANTS APN 314-532_30 PARCEL A PERMANENT SOUND WALL AND LANDSCAPE MAINTENANCE EASEMENT THAT PORTION OF LOT 9 OF LAS CADENAS UNIT NO, I, IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7415, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30, 1972, AS DESCRIBED IN DEED OFTRUST RECORDED DECEMBER 31, 2002 AS FILE NO 2002- 1205075, DESCRIBED AS FOLLOWS. THE EASTl4,OO FEET OF SAID LOT 9 OF MAP NO 7415, AS MEASURED AT RIGHT ANGLES FROM THE EAST LINE THEREOF CONTAINING 840 SQUARE FEET MORE OR LESS PARCEL B TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 9 OFLAS CADENAS UNIT NO I, IN THE CITY OF POWAY COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO 7415, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 30, 1972, AS DESCRIBED IN DEED OF TRUST RECORDED DECEMBER 31,2002 AS FILE NO 2002- 1205075, DESCRIBED AS FOLLOWS, - THE EAST 27,00 FEET OF SAID LOT 9 OF MAP NO, 7415, AS MEASURED AT RIGHT ANGLES FROM THE EAST LINE THEREOF, EXCEPTING THEREFROM THE EAST 14,00 FEET AS DESCRIBED IN PARCEL A ABOVE, CONTAINING 780 SQUARE FEET MORE OR LESS SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE WITHIN 30 DA YS OF THE FILING OF NOTICE OF COMPLETION OF THE COMMUNITY ROAD SOUND WALL PROJECT ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT ~2~ - "Ji"I1C Z.3/i:~ MICHAELSCHLUMPBERGER, PLS 7790 , DATE EXHIBIT US" , .------- N 89'40'47" E 114,77' ~ - - 13,00' 28' SCAlE 1""20 ~ () 0 <C 51 N <C & -I g I 0 0... 0 0 0::: LOT 9 <0 (/) >- ~ ~ 14051 OLIVE MEADOWS PL I- 0 '", UJ Z 0 , , '" ~ <C '" MAP NO. 7-4-j5 '" 0 0 '0 ~ w b I '0 '" I '" 0 ~ ~ 0 0 z I 0 0 0 ~ z () ~ :J 0 13.00' '--- - - N 89'40'47" E 113,91' cP cP (t) II DENOTES AREA OF TEMPORARY CONSTRUCTION EASEMENT a:> . 780 SQ. FT. MORE OR LESS V///1 NOTE. ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA, ASSESSORS' PARCEL NO.. 314-532-30 Right-Or-Way Engineering Services, Inc, CITY OF POWAY Land Surveying 4167 Avenida de 1a Plata Sle. 114 Oceanside, CA 92056 VESTING, MICHAEL W, LAUDERDALE AND JANE E. (760) 732-1366 FAX (760) 732-1367 LAUDERDALE, HUSBAND AND WIFE, AS JOINT TENANTS Drawing file nome: comm314-532-30.dwg DA TE, JUNE 1 2004 SHEET 1 OF 1 , . . 889<a CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated September 27, 2005, from Michael W Lauderdale and Jane E, Lauderdale, Grantor, to the City of Poway, Grantee, a political corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority <:;onferred by Resolution No 34 adopted on January 20, 1981 and the grantee consents'to recordation thereof by its duly authorized officer Dated September 26, 2005 CITY OF POWAY Seal BY~